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A law professor worries Israel could become the next Hungary
(JTA) — Israel’s new governing coalition has been called the “most right-wing” in the nation’s history. That’s heartening to supporters who want the country to get tough on crime and secure Jewish rights to live in the West Bank, and dismaying to critics who see a government bent on denying rights to Israel’s minorities and undermining any hope for a peaceful solution to the Israeli-Palestinian conflict.
While the far-right politics of new government ministers Bezalel Smotrich and Itamar Ben Gvir have drawn much of the world’s attention, a series of proposed changes to Israel’s judicial system has also been raising hopes and alarms. On Wednesday, new Justice Minister Yariv Levin announced an overhaul that would limit the authority of the High Court of Justice, Israel’s Supreme Court. It would put more politicians on the selection committee that picks judges, restrict the High Court’s ability to strike down laws and government decisions and enact an “override clause” enabling the Knesset to rewrite court decisions with a simple majority.
Levin and his supporters on the right justify these changes as a way to restore balance to a system that he says puts too much control in the hands of (lately) left-leaning judges: “We go to the polls, vote, elect, and time after time, people we didn’t elect choose for us. Many sectors of the public look to the judicial system and do not find their voices heard,” he asserted. “That is not democracy.”
Critics of the changes call them a power grab, one that will hand more leverage to the haredi Orthodox parties, remove checks on the settlement movement and limit civil society groups’ ability to litigate on behalf of Israeli minorities.
To help me make sense of the claims on both sides, I turned to Tom Ginsburg of the University of Chicago, where he is the Leo Spitz Distinguished Service Professor of International Law and co-directs the Comparative Constitutions Project, which gathers and analyzes the constitutions of all independent nation-states. He’s also a Jew who has transformed a former synagogue on the South Side of Chicago into a cutting-edge arts space, and says what’s happening with Israel’s new governing coalition “raises my complicated relationship with the country.”
We spoke on Friday. Our conversation has been edited for length and clarity.
Jewish Telegraphic Agency: You have written about law in Israel, which lacks a constitution but relies on a series of “basic laws” to define its fundamental institutions. You’ve written that the Israeli judiciary had become “extremely powerful” — maybe too powerful — in imbuing the basic laws with a constitutional character, but worry that the current reforms will politicize the court in ways that will undermine Israeli democracy.
Tom Ginsburg: The proposed reforms were a campaign promise of certain elements of this coalition who have had longstanding grievances against the Israeli judiciary. The Israeli judiciary over the last decades has indeed become extremely powerful and important in writing or rewriting a constitution for Israel, promoting human rights and serving as a check and balance in a unicameral parliamentary system where the legislature can do anything it wants as a formal matter. A lot of people have had problems with that at the level of theory and practice. So there have been some reforms, and the court has, in my view, cut back on its activism in recent decades and in some sense has been more responsive to the center of the country. But there’s longstanding grievances from the political right, and that’s the context of these proposals.
A lot of the concerns about the new government in Israel are coming from the American Jewish left. But in an American context, the American Jewish left also has a big problem with the United States Supreme Court, because they see it as being too activist on the right. So in some ways isn’t the new Israeli government looking to do what American Jewish liberals dream of doing in this country?
Isn’t that funny? But the context is really different. The basic point is that judicial independence is a really good thing. Judicial accountability is a really good thing. And if you study high courts around the world, as I do, you see that there’s kind of a calibration, a balancing of institutional factors which lead towards more independence or more accountability and sometimes things switch around over time.
Israeli Justice Minister Yariv Levin holds a press conference at the Knesset, the Israeli parliament in Jerusalem, Jan. 4, 2023. (Olivier Fitoussi/Flash90)
You mean “accountability” in the sense that courts should be accountable to the public.
Right. The Israeli promoters of these plans are pointing to the United States, in particular, for the proposals for more political involvement in the appointment process. On the other hand, in the United States once you’re appointed politically, you’re serving for life. There’s literally no check on your power. And so maybe some people think we have too much independence. If these proposals go through in Israel, there will be a front-end politicization of the court [in terms of the selection commission], but also back-end checks on the court [with the override clause that would allow a simple majority to reinstate laws struck down by the Supreme Court]. So in some sense, it moves the pendulum very far away from independence and very much towards accountability to the point of possible politicization.
And accountability in that case is too much of a good thing.
Again, you don’t want courts that can just make up rules. They should be responsive to society. On the other hand, you don’t want judges who are so responsive to society that there’s no protection for the basic rights of unpopular minorities.
What makes Israel either unique or different from some of the other countries you study, and certainly the United States? Part of it, I would guess, is the fact that it does not have a constitution. Is that a useful distinction?
They couldn’t agree on a single written constitution at the outset of the country, but they have built one through what you might call a “common law method”: norms and practices over time as well as the system of “basic laws,” which are passed by an absolute majority of the Knesset, where a majority of 61 votes can change any of those. But while they’re not formally entrenched, they have a kind of political status because of that term: basic law.
By the way, the Germans are in the same boat. The German constitution is called the Basic Law. And it was always meant to be a provisional constitution until they got together and reunified.
If you don’t have a written constitution, what’s the source of the legitimacy of judicial power? What is to prevent a Knesset from just passing literally any law, including ones that violate all kinds of rights, or installing a dictator? It has been political norms. And because Israel has relied on political norms, that means that this current conflict is going to have extremely high stakes for Israeli governance for many decades to come.
Can you give me a couple of examples? What are the high stakes in terms of democratic governance?
First of all, let me just say in principle that I don’t oppose reforms to make the judiciary more independent or accountable in any particular country. But then you obviously have to look at the local context. What’s a little worrying about this particular example is that several members of this coalition are themselves about to be subject to judicial proceedings.
Including the prime minister, Benjamin Netanyahu.
Right. And for example, they need to change the rules so that [Shas Party chairman] Aryeh Deri can sit in the cabinet despite his prior convictions. That indicates to me that maybe this isn’t a good-faith argument about the proper structure of the Israeli, uncodified constitution, but instead a mechanism of expediency.
Any one of these reforms might look okay, and you can find other countries that have done them. The combination, however, renders the judiciary extremely weak. Right now, it’s a multi-stakeholder commission that nominates and appoints judges in Israel, and the new coalition wants to propose that the commission be made up of a majority of politicians. We know that when you change the appointments mechanism to put more politicians on those committees, the more politicized they become.
Think about the United States process of appointing our Supreme Court judges: It’s highly politicized, and obviously the legitimacy of the court has taken a big hit in recent years. In Israel, you’d have politicized appointments under these reforms, but then you also have the ability of the Knesset to override any particular ruling that it wanted. Again, you can find countries which have that. It’s called the “new commonwealth model” of constitutionalism, in which courts don’t have the final say on constitutional matters, and the legislature can overrule them on particular rulings. But I think the combination is very dangerous because you could have a situation where the Knesset — which currently has a role in protecting human rights — can pick out and override specific cases, which really to me goes against the idea of the rule of law.
You mentioned other countries. Are there other countries where these kinds of changes were enacted and we saw how the experiment turned out?
The two most prominent recently are Hungary and Poland, which are not necessarily countries that you want to compare yourself to.
Certainly not if you are Israel.
Right. There’s so much irony here. When the new Polish government came in in 2015, they immediately manipulated the appointment system for the Constitutional Court and appointed their own majority, which then allowed them to pass legislation which probably would have been ruled unconstitutional. They basically set up a system where they were going to replace lower judges and so they were going to grow themselves into a majority of the court. And that’s led to controversy and rulings outside the mainstream that have led to protests, while the European Union is withholding funds and such from Poland because of this manipulation of the court.
In Hungary, Victor Orban was a really radical leader, and when he had a bare majority to change the constitution he wiped out all the previous jurisprudence of the Constitutional Court. I don’t think the Israeli government would do that. But still there is this kind of worrying sense that they’re able to manipulate interpretation of law for their own particular political interest.
Another thing I want to raise is the potential for a constitutional crisis now. Suppose they pass these laws and the Israeli Supreme Court says, “Well, wait a minute, that interferes with our common law rules that we are bound by, going back to the British Mandate.” It conflicts with the basic law and they invoke what legal scholars call the “doctrine of unconstitutional constitutional amendments,” which is basically saying that an amendment goes against the core of our democratic system and violates, for example, Israel’s character as a Jewish and democratic society. Israel has never done this, but it is a kind of tool that one sees deployed around the world in these crises. And if that happened, then I think you would have a full constitutional crisis on your hands in Israel.
Supreme Court President Aharon Barak speaks with Prime Minister Benjamin Netanyahu during a ceremony in the Supreme Court marking 50 years of law, Sept. 15, 1998. (Avi Ohayon)
What does a constitutional crisis look like?
Suppose you have sitting justices in Israel who say, “You know, this Knesset law violates the basic law and therefore it’s invalid.” And then, would the Knesset try to impeach those judges? Would they cut the budget of the judiciary? Would they back down?
When you compare Israel’s judicial system to other countries’ over the years, how does it stack up? Is it up there among the very strong systems or is it known for flaws that might have maybe hobbled its effectiveness?
It’s always been seen around the world as a very strong judiciary. Under the leadership of Aharon Barak [president of Israel’s Supreme Court from 1995 to 2006] it became extremely activist. And this provoked backlash in Israeli politics. That led to a kind of recalibration of the court where it is still doing its traditional role of defending fundamental rights and ensuring the integrity of the political process, but it’s not making up norms left and right, in the way that it used to. This is my perception. But it’s certainly seen as one of the leading courts around the world, its decisions are cited by others, and because of the quality of the judges and the complex issues that Israel faces it’s seen as a strong court and an effective court and to me a balanced court.
But, you know, I’m not in Israel, and ultimately, they’re going to figure out the question how balanced it is or where it’s going to go. I do worry that an unchecked majoritarian system, especially with a pure proportional representation model like Israel, has the potential for the capture of government by some minorities to wield power against other minorities. And that’s a problem for democracies — to some degree, that’s a problem we face in the United States.
How correctable are these reforms? I am thinking of someone who says, “These are democratically elected representatives who now want to change a system. If you want to change the system, elect your own majority.” Is the ship of state like this really hard to turn around once you go in a certain direction?
This is an area in which I think Israel and the United States have a lot of similarities. For several decades now, the judiciary has been a major issue for those on the political right. They thought the Warren Court was too left-leaning and they started the Federalist Society to create a whole cadre of people to staff the courts. They’ve done that and now the federal courts are certainly much more conservative than the country probably. But the left didn’t really have a theory of judicial power in the United States. And I think that’s kind of true in Israel: It’s a big issue for the political right, but the political left, besides just being not very cohesive at the moment, isn’t able to articulate what’s good about having an independent judiciary. It is correctable in theory, but that would require the rule of law to become a politically salient issue, which it generally isn’t in that many countries.
How do you relate to what is happening in Israel as a Jew, and not just a legal scholar?
That’s a great question, because it really raises my complicated relationship with the country. You know, I find it to be a very interesting democracy. I like going to Israel because it’s a society in which there’s a lot of argument, a lot of good court cases and a lot of good legal scholars. On one level, I connect with my colleagues and friends there who seem very demoralized about this current moment. And I honestly worry about whether this society will remain a Jewish and democratic one with the current coalition.
The rule of law is a part of democracy. You need the rule of law in order to have democracy function. And I know others would respond and say, “Oh, you’re just being hysterical.” And, “This isn’t Sweden, it’s the Middle East.” But the ethno-nationalist direction of the country bothers me as a Jew, and I hope that the court remains there to prevent it from deepening further.
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The post A law professor worries Israel could become the next Hungary appeared first on Jewish Telegraphic Agency.
Features
How to Implement a Successful Casino Marketing Strategy
Your casino stands out in your market and attracts interest. But does your audience know that? With effective marketing, you can transform your casino from an average competitor into a top industry player. We will show you proven strategies to boost your business now and in the future. And when you have proven strategies like insights from a High Roller online casinos review in Canada, the possibilities are endless.
1. Improve Visibility
With stiff competition among casinos, being easily found online is crucial. Discoverability measures how simple it is for people to find your casino.
Put yourself in the shoes of one of your guests looking for a casino. How easy is it to find yours? Try searching on different engines, checking reviews on travel sites, and looking for your casino on social media. See how often your casino appears and how well it ranks. Use tools like Moz and SEMrush to get a clear picture of your current visibility.
To increase your casino’s online visibility, there are a number of strategies you can try. First, try to create distinct landing pages for each key amenity at your casino. Incorporate relevant keywords, high-quality images, and engaging headlines.
You can also use search engine ads carefully. Follow Google’s guidelines by targeting approved countries. These include responsible gambling information on your landing pages and avoiding targeting minors. Check local regulations and test ads with relevant keywords.
Don’t forget to set up social media profiles on platforms your audience frequents. Engage in discussions about gaming, your casino, local news, and community events.
Optimize your content with keywords about your amenities, location, unique features, and events. Highlight what sets you apart so visitors can easily find you.
Use beacons or proximity marketing to attract nearby guests, especially when competing with other casinos. This helps target customers in the real world, not just online.
Form partnerships with local businesses, entertainers, event suppliers, and food vendors to boost your visibility and word of mouth.
2. Focus on Events and Group Business
Your casino offers more than gaming. You might have a luxury hotel, advanced technology, event spaces, a spa, and great restaurants. So, think about the whole picture in your marketing.
Casinos are great for big events like weddings, conferences, and reunions. Make sure your marketing targets these opportunities to attract them.
3. Identify the Jobs to Be Done
Marketers used to rely mainly on demographics, like age, income, and education, to predict behavior. Understanding audience behavior based on demographics is useful. For example, Anderson Digital notes that Boomers and Gen Xers spend 80% of their casino money on gaming and 20% on food and entertainment. In contrast, Millennials spend 30% on gaming and 70% on food, entertainment, and other services. To attract Millennial and Gen Z customers, focus on better entertainment, food options, online game components, and mobile marketing.
However, demographics alone don’t tell the whole story. For instance, knowing a group of women outside your casino are in their late 20s, college-educated, and have high-paying jobs is helpful. But, it doesn’t reveal their reasons for being there.
These women might be on a business trip with some free time, in town for a family reunion, or celebrating a bachelorette party. With just their demographic info, it’s hard to know their motivations, challenges, or needs.
This framework helps marketers understand why customers choose their products or services. Women at a casino for a bachelorette party are looking for a fun atmosphere with entertainment, food, and drinks. But if they’re there for work, they need a stress-free environment with good Wi-Fi, charging stations, and quiet spaces for meetings.
Understand what your audience wants and how they see your role. This helps you tailor your messaging, marketing, and offerings.
4. Create Positive Feedback Loops
Casinos attract customers with fun experiences like gaming, dining, and entertainment. By enhancing these positive feelings, you can boost your casino’s marketing success and encourage repeat visits.
Feedback loops happen when the result of an action is used to influence the action itself. For example, if a child makes a parent laugh, they’re likely to repeat the funny behavior to get more laughter.
Positive feedback loops make it more likely that the action will be repeated. Negative feedback loops make it less likely. You likely use positive feedback loops in your casino already. Guests who win are happy and want to play again. Those who have a bad experience are less likely to return.
You can enhance marketing by using feedback loops. After a positive experience, like winning or a great meal, encourage guests to refer others or leave reviews. If a guest uses a discount, offer another deal immediately. If your casino has a hotel, send emails encouraging future bookings right after positive experiences, like upgrades or enjoyable events.
Reply to positive feedback and reviews with invitations for future experiences. Make sure to also reward loyal customers with special offers and exclusive perks. Don’t forget to address negative feedback by turning it into a positive experience.
5. Use Social Proof
People usually trust each other more than they trust your brand. They’re more likely to listen to recommendations from friends or online reviews than your own claims.
To build trust, you need endorsements from others. Social proof means people tend to follow the actions of those they admire.
Show positive reviews on your website and social media. Record video testimonials from satisfied guests and winners. Encourage guests to share their experiences online and tag your casino. Keep an eye on reviews and respond to feedback. Set up a photo booth in the casino for guests to take winning photos. Display pictures and videos of recent winners on screens around the casino. Think about your audience’s motivations and where they get their information to find creative ways to use social proof.
6. Keep Up With Gaming Trends
Casinos are changing quickly. Online gaming, e-sports, and new tech like virtual and augmented reality are key. To stay competitive, casinos need to understand and use these trends.
As you create your casino marketing strategy, consider these key trends. E-sports are growing fast, so partnering with teams can help you reach new audiences. Virtual and AR are changing how guests experience gaming, making it more engaging from anywhere. Online casinos are becoming more popular with relaxed regulations. So, keep up with industry changes to stay competitive. Finally, as gaming tastes shift, staying updated on new trends will keep you ahead.
Features
Comparing European, American, and French Roulette at Canadian online casinos
Roulette is the most popular table game at online and land-based casinos alike. You can easily find a seat at the table, place your bets, and hope that the wheel turns in your favour. But you have surely noticed that the roulette section is quite rich, featuring at least a dozen different tables. Most of them come with a different design and different rules. The most popular roulette variants are American Roulette, European, and French Roulette. In this article, we will try to explain the main differences between each one.
French VS European Roulette
We’ll first compare the French versus the European version of roulette since they are the most similar. The layout of the bets and the wheel is basically the same. Even the table layout is pretty much the same at most online casinos. Depending on the provider some differences can be found, like the layout of the table or the order of the numbers of the wheel. But as far as the odds and gameplay are concerned, European and French Roulette are basically the same.
Both roulette variants have a single 0 on the board and the same number of slots on the wheel and numbers on the table. There are 36 additional numbers you can bet on, along with the standard Red or Black and Odd or Even bets. This means both games come with a house edge of 2.7%. So, the only difference comes from the introduction of two basic rules in French Roulette.
- La Partage
- En Prison
La Partage
This rule applies to even money bets, and in case the ball lands on the 0 slot. The term comes from the French word which means to divide. All even money bets are divided into half, and the player gets one half, while the other half goes to the house. This rule works greatly in your favour, especially if you’re playing on higher bets.
En Prison
The En Prison bet is also applied to even money bets and only when the ball lands on 0. Instead of counting as a loss, the bets are held on the table for the following spin, and if you win, you get your bet back. Even though you don’t actually win anything extra, the En Prison rule gives you a chance to get your money back without a loss.
The introduction of these rules lowers the house edge on French Roulette down to 1.35%. This is why many players prefer the French version, as the odds are better for the player.
French VS American Roulette
The main and pretty much only crucial difference between American and French roulette is the 00 and the layout of the slots on the wheel. The added 00 on the American version means that the house edge is higher. It climbs up to 5.26%, which is almost double the house edge on European Roulette and a massive difference from the 1.35% on the French version.
Since there is an added 00 number, the layout of the slots on the wheel is different. On the table, the 00 is next to the 0, so it doesn’t make a big difference to the layout of the table. But the rules in American roulette are quite simple. If your number doesn’t come up, you lose the bet. There are no extra rules like in the French version.
Conclusion
If you go by the odds alone, it turns out that the best roulette variant to play at Canadian online casinos is French roulette. But this doesn’t mean you will lose more when you play American or European Roulette. Many players prefer to play the American wheel as it’s faster and more exciting. With the right strategy and some luck on your side, you can easily make a profit on any type of roulette game.
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Universities Must Be Forced to Address Antisemitism
University of California, Santa Barbara student body president Tessa Veksler on Feb. 26, 2024. Photo: Instagram
JNS.org – “Never would I have imagined that I’d need to fight for my right to exist on campus,” laments Shabbos Kestenbaum, a student at Harvard University who is suing the school because “antisemitism is out of control.”
Jewish students have suffered an unrelenting explosion of hate on American higher education campuses—so far with little relief. They have endured antisemitic rhetoric, intimidation, cancellation and violence. But those charged with keeping campuses safe—whether administrators who govern student and faculty behavior or federal agencies responsible for ensuring that schools adhere to civil rights protections—are failing in their jobs.
Many Jewish students have complained to their colleges’ administrators about the injustices. But instead of responding with measures to ensure Jewish students’ safety—like stopping pro-Hamas protestors from hijacking campuses or expelling militants who incite Jew-hatred— administrators have largely shown indifference. In some cases, college authorities have made things worse for Jewish students by appeasing the riotous, pro-Hamas mobs who have been primary perpetrators of Jew-hatred on campus.
Snubbed by college administrators, Jewish students and their supporters have appealed for federal protection, filing Title VI complaints with the US Department of Education’s Office of Civil Rights (OCR), the body tasked with enforcing protections under the Civil Rights Act. Unfortunately, the OCR, which has the power to levy severe financial punishments against colleges that neglect students’ Title VI rights, has so far rewarded negligent universities with little more than slaps on the wrist.
Until college and university boards of trustees begin hiring administrators committed to Jewish students’ safety—and until the OCR begins seriously punishing antisemitic perpetrators—we can expect no respite. Safe to say, colleges and universities run by arrogant, apathetic administrators will not change until their jobs and schools’ survival are threatened.
College/university administrators don’t take antisemitism seriously. Their reactions to Jewish students raising concerns about Jew-hatred range from indifference to outright hostility. For example, when Mohammed Al-Kurd, who the Anti-Defamation League says has a record of “unvarnished, vicious antisemitism,” came to speak at Harvard, Shabbos Kestenbaum and other Jewish students complained to administrators.
Rather than cancel Al-Kurd’s appearance, which would have been the appropriate action, the administrators ignored the students’ complaints. “Harvard’s silence was deafening,” Kestenbaum wrote in Newsweek. Kestenbaum said he “repeatedly” expressed concerns to administrators about the antisemitism he experienced, but as his lawsuit alleges, “evidence of uncontrolled discrimination and harassment fell on deaf ears.”
Administrators at Columbia University reacted to Jewish students’ complaints about antisemitism even more cynically. In fact, during an alumni event, several administrators exchanged text messages mocking Jewish students, calling them “privileged” and “difficult to listen to.”
When Rep. Elise Stefanik (R-N.Y.) asked the presidents of Harvard, MIT and the University of Pennsylvania if calling for genocide against Jews violated their schools’ codes of conduct, none could say “yes.” The presidents of Harvard and UPenn have since resigned. Good riddance.
Some college/university administrators have outrageously granted concessions to pro-Hamas students. For instance, Northwestern University agreed to contact potential employers of students who caused campus disruptions to insist they be hired, create a segregated dormitory hall exclusively for Middle Eastern, North African and Muslim students, and form a new investment committee in which anti-Zionists could wield undue influence. Brown University agreed to hold a referendum on divestment from Israel in October.
Similar appeasements were announced at other colleges and universities, including Rutgers, Johns Hopkins, the University of Minnesota and the University of California Riverside.
So far, OCR has failed to take concrete action against antisemitism on campus. This is evident in recent decisions involving the City University of New York (CUNY) and the University of Michigan. CUNY was ordered to conduct more investigations into Title VI complaints and report further developments to Washington, provide more employee and campus security officer training, and issue “climate surveys” to students.
The University of Michigan also committed to a “climate survey,” as well as to reviewing its case files for each report of discrimination covered by Title VI during the 2023-2024 school year and reporting to the OCR on its responses to reports of discrimination for the next two school years.
Neither institution was penalized financially, even though the Department of Education has the power to withhold federal funds, which most colleges and universities depend on. There are now 149 pending investigations into campus antisemitism at OCR. If these investigations yield toothless results similar to those of CUNY and Michigan, it is highly unlikely that colleges and universities will improve how they deal with antisemitism.
Putting an end to skyrocketing antisemitism on campus involves three things.
First, donors and governments at every level should withhold funds from colleges that fail to hire administrators who will take antisemitism as seriously as they take pronoun offenses or racism directed at people of color.
Second, the OCR must mete out serious consequences to Title VI violators in the form of funding cuts. This may require legislation that specifically mandates withdrawing funding from offending parties. A bill recently introduced by Rep. Nicole Malliotakis (R-N.Y.)—the University Accountability Act—may be ideal, as it is designed to financially penalize institutions that don’t crack down on antisemitism.
Third, if OCR won’t act, Jewish students and their supporters should turn to the courts. Lori Lowenthal Marcus, the legal director of the Deborah Project, a public-interest Jewish law firm, argues that the CUNY settlement demonstrates the futility of going to OCR and that going to court is more likely to produce “a clearly delineated and productive result,” such as punitive and compensatory fines. As of late May, at least 14 colleges and universities are facing lawsuits over their handling of antisemitism on campus since Hamas’s Oct. 7 massacre.
As long as college administrators are allowed to ignore antisemitism on campus and as long as OCR and other government institutions fall short in punishing Jew-hatred, antisemitism will continue to plague Jewish students.
The post Universities Must Be Forced to Address Antisemitism first appeared on Algemeiner.com.
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